David v. Levy & Sons
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Tried before Hon. W. H. Tayloe. Appellees filed a creditor’s bill against appellants. From a decree appointing a receiver, the defendants appeal. The act of February 18, 1895, is subsequent to. and revises that of December 14, 1894, and was “evidently intended as a substitute for it, and although it does not contain express words of repeal, will on principles of law, as well as in reason and common sense, so operate.”
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Appeal from Sumter Chancery Court. Tried before Hon. W. H. Tayloe. Appellees filed a creditor’s bill against appellants. From a decree appointing a receiver, the defendants appeal. The act of February 18, 1895, is subsequent to. and revises that of December 14, 1894, and was “evidently intended as a substitute for it, and although it does not contain express words of repeal, will on principles of law, as well as in reason and common sense, so operate.” The statute of later date is mandatory.— Bartlett v. King, 12 Mass. 345; Sedgwick on Stat. & Com. Law, 97-104; Capital City Water Co. v.…
1Opinion of the CourtHead, J.
It is plain that the act approved February 18, 1895, entitled “An act to authorize the chancellor, judge or register to require the complainant to give bond before a receiver is appointed,” repeals, by implication, the act under the same title, passed at the same session, and approved December 14, 1894, in so far as the latter invested the appointing officer with a discretion in the matter of requiring bond of the complainant. As to that matter, the later enactment is in irreconcilable conflict with the earlier. The later act is mandatory that bond shall be required of the complainant…
2Cases cited2 opinions
- Dreyspring v. LoebSupreme Court of Alabama · 1896
- Capital City Water Co. v. WeatherlySupreme Court of Alabama · 1895
3Cited by9 opinions
- Strother v. McCordSupreme Court of Alabama · 1931
- Gray v. StricklandSupreme Court of Alabama · 1909
- Fowler v. JohnsonSupreme Court of Alabama · 1938
- Brandon v. WilliamsSupreme Court of Alabama · 1908
- State v. KirkpatrickAlabama Court of Appeals · 1922
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